Bribe day

30.11.2018

Three cases of receipt of illegal benefits by servants of Themis reached the court. During the investigation, the suspects managed to go to prison, they were repeatedly suspended from work and even allowed to work again for several months.

The problem of jurisdiction

Last Tuesday for the High Council of Justice was a day of bribes. During the meeting discussed 3 corruption cases against judges who are accused of obtaining undue advantage. Now only the court will be able to return to work these lawyers.

The first was considering the case of Andrii Leonov from Babushkinskyy District Court of Dnipro. He did not attend the meeting, but the High Council of Justice suspended him, despite the lack of.

The second petition concerned Hennadii Maliboha from Druzhkivskyy District Court of Donetsk Region. His story began in December last year. According to detectives, he demanded money through a lawyer for a decision in favor of one of the parties. During a search of his office money was found. Subsequently, at the High Council of Justice meeting, he explained this by saying that he had borrowed money from colleagues to repair the car.

However, the Solomyanskyy District Court of Kiev allowed the prosecutor’s office to detain the suspect because of fear that he would run into the territory beyond the no control of Ukraine. The Council agreed on his arrest, but he did not go to prison. Subsequently, the High Council of Justice twice suspended Hennadii Maliboha from justice, and on June 9 he again began work.

As the trial is about to begin, the Specialized Anti-Corruption Prosecutor’s Office again sent a request for suspension. His representative came to the meeting, as well as the lawyer of the suspect Oleksandr Dolskyy.

«I respect my opponent because he always telling the truth. Maybe not always appropriate, but he telling the truth», Oleksandr Dolskyy began his defense to identify the positive aspects of the present representative of the prosecution.

According to counsel, on August 7, the prosecutor filed an indictment in the Solomenskyy District Court. On the same day, he appealed to the High Court about the jurisdiction of this case. The petition stated that the criminal proceedings were not subject to a hearing in the Solomenskyy District Court, to which he filed an indictment, and asked to determine another institution. The High Court has just considered the petition of the prosecutor, and the District Court has already determined the date of the preparatory meeting.

«We got a question. What should the board of the Solomenskiy district court doing, if the High Court will determine that this case is under investigation to another court? In the end, the High Court refused to determine jurisdiction, since the place of commission of the crime is the Judge’s office. So, the prosecutor violated the rules of jurisdiction and went to Court, which has no right to consider this case», said the lawyer on the weaknesses of the prosecution.

«The indictment cannot be considered by the Court on formal grounds, created by the prosecutor. And my principal cannot exercise his right to protection», said lawyer. According to him, the public prosecutor intentionally delays the consideration of the case in order to wait for the creation of the High Anti-Corruption Court.

«Prosecutor received positive consequences of his petitions only in the High Council of Justice», said defender. Because when investigating Judges considered petitions, for example, on the application of measures, the prosecutor lost.

«The High Court nevertheless considered the case of jurisdiction of this criminal proceeding. The meeting was held without representatives of the Specialized Anti-Corruption Prosecutor’s Office, but in the presence of four defenders of Hennadii Maliboha. And the court hearing decision was this – there are no grounds for changing the jurisdiction of the case », objected the prosecutor.

Incomprehensible question

The story of Andrii Novak from the Holosiyivskyy District Court of Kiev began in April. According to law enforcement officers, the Judge demanded and received money from the intermediary for the satisfaction of the claim for reinstatement and compensation. Although the site found no more than $ 1,000 USD but the charge says about a larger amount is $ 8,000 USD.

After 2 days the incident, the High Council of Justice agreed to keep the Judge in custody. However, he made a pledge in the amount of 120 thousand UAH and he was free.

In early May, he was suspended from work and then he was removed again. And on August 27, the lawyer again performs the powers. This week, the Council again considered the application about suspends and decided that Andrii Novak needs to focus on her own protection now.

«The preparatory hearing was not held, which means that they did not consider the application for the return of the indictment», began his speech Andrii Novak. « The words of the prosecutor that my continued tenure may lead to negative consequences do not correspond to reality», he defended himself gloomily and without enthusiasm.

«I opened the schedule of the Court in which you work. Today you must to consider cases all day. But you are here and cannot do it. What will happen with these cases? Apparently, they were removed from consideration, and the plaintiffs and defendants did not receive justice. In the future, you will often be summoned to the Court, which will consider your charges. And people will suffer from the fact that you cannot in time to consider their disputes. What do you think of it», asked the vice Head of the High Council of Justice Volodymyr Belyanevych.

«I did not understand the question», answered Andrii Novak. No penetrating the fact that it was more information to think about.

Therefore, members of the High Council of Justice made three similar decisions to remove all Judges until convictions are made or criminal proceedings are closed. Lawyers can return to work only after Court now.

Of course, it is difficult to combine the consideration of other people’s disputes and protection in own case. There is certain logic in the fact that by suspending them, to prevent the transfer of sessions, which must be carried out by lawyers, the indictments for which have already been submitted to the Court. However, 3 Judges, who for the same reason were suspended from work in 2017, are waiting for a verdict on their fate for the second year, regularly receiving salary during idle time …

REFERENCE

Suspend from justice for 2018

31 application for suspend15 judges from administer justice satisfied the High Council of Justice.

26 of them were submitted by Nazar Kholodnytskyy the Head of the Specialized Anti-Corruption Prosecutor’s Office.7Judges were charged, and they were suspended pending court sentencing. In 5 lawyers, the term of suspension expired before their cases were brought to the Court.33 judges were suspended from work on representations by the Disciplinary Chambers of the High Council of Justice.24 they expect that the Council will review decisions on their dismissal from posts, the rest have been sent for further training on the following qualification assessment.